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A29997 The Duke of Buckingham's speech, spoken in the House of Lords, Feb. 15th, 1676, proving that the Parliament is dissolved; Speech spoken in the House of Lords, Feb. 15th, 1676, proving that the Parliament is dissolved Buckingham, George Villiers, Duke of, 1628-1687. 1677 (1677) Wing B5333; ESTC R19978 8,183 16

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Reason my Lords in the 36th year of the same Kings Reign a New Act of Parliament was made in which these unfortunate words If need be were left out and that Act of Parliament is printed thus relating to Magna Charta and other Statutes made for publick Good Item For maintenance of these Articles and Statutes and the redress of divers Mischiefs and Grievances vvhich daily happen A Parliament shall be holden every year as another time vvas Ordained by another Statute Here now my Lords there is not left the least Colour or Shadow for any further mistake for it is plainly declared That the Kings of England must Call a Parliament once within a Year And the Reasons why they are bound to do so are as plainly set down Namely For the maintainance of Magna Charta and other Statutes of the same Importance and for preventing the Mischiefs and Grievances which daily happen The Question then remaineth Whether these Statutes have been since Repealed by any other Statutes or no The only Statutes I ever heard mentioned for that are the two Triennall Bills the one made in the last Kings and the other in this Kings Reign The Triannal Bill in the last Kings Reign was made for the Confirmation of the two mentioned Statutes of Edvv. 3. For Parliaments having been omitted to be Called every year according to those Statutes A Statute was made in the last Kings Reign to this purpose That if the King should fail of Calling a Parliament according to those Statutes of Edw. 3. Then the Third year the People should Meet of themselves vvithout any Writts at all and Choose their Parliament-Men This way of the Peoples Choosing Parliament-Men of themselves being thought disrespectful to the King A Statute was made by this last Parliament which Repealed the Triennal Bill And after the Repealing Clause which took notice only of the Triennal Bill made in the last Kings Reign There was in this Statute a Paragraph to this purpose That because by the Antient Statutes of this Realm made in the Reign of Edw. 3. Parliaments are to be held very often It should be Enacted That vvithin three years after the Determination of that present Parliament Parliaments should not be discontinued above three years at most and should be holden oftener if need required There have been several half kind of Arguments drawn out of these Triennal Bills against the Statutes of Edvv. 3. which I confess I could never remember nor indeed those that urged them to me ever durst own For they alwayes laid their faults upon some body else like ugly offish Children which because of their Deformity and want of wit the Parents are ashamed of and so turn them out to the Parish But My Lords let the Arguments be what they will I have this short Answer to all that can be wrested out of these Triennal Bills That the first Triennal Bill vvas Repealed before the matter novv disputed of vvas in Question and the last Triennal Bill vvill not be in force till the Question be Decided that is till this Parliament is Dissolved The whole matter therefore My Lords is reduced to this short Dilemma Either the Kings of England are bound by the Acts mentioned of Edvv. 3. or else the whole Government of England by Parliaments and by Law is absolutely at an End For if the Kings of England have Power by an Order of theirs to invalidate an Act made for the mainteinance of Magna Charta they have also Power by an Order of theirs to invalidate Magna Charta it self And if they have Power by an Order of theirs to invalidate an Act made for the maintenance of the Statute De Tallagio non concedendo they have also Power when they please by an Order of theirs to invalidate the Statute itself De Tallagio non concedendo and then they may not only without the help of a Parliament raise Money when they please but also take away any man's Estate when they please and deprive every one of his Liberty or Life as they please This My Lords I think is a Power that no Judge nor Lawyer will pretend the Kings of England have and yet this Power must be allowed them or else we that are Met here this Day cannot Act as a Patliament For we are now met by virtue of the last Prorogation and that Prorogation is an Order of the King's point blanck contrary to the two Acts of Edvv. 3. For the Acts say That a Parliament shall be holden once vvithin a year And the Prorogation saith A Parliament shall not be held vvithin a year but some moneths after and this I conceive is a plain contradiction and consequently that the Prorogation is void Now if we cannot Act as a Parliament by virtue of the last Prorogation I beseech your Lordships by virtue of what else can we Act Shall we Act by virtue of the Kings Proclamation Pray my Lords How so Is a Proclamation of more force than a Prorogation Or if a thing that hath been Ordered the first time be not Valid Doth the Ordering it the second time make it good in Law I have heard indeed that two Negatives make an Affirmative but I never heard before that two nothings ever made any thing Well But how then do we meet Is it by our own Adjournment I suppose no body has the confidence to say that Which way then is it Do we meet here by accident That I think might be granted but an accidental Meeting can no more make a Parliament than an accidental clapping a Crown upon a Mans Head can make a King There is a great deal of Ceremony required to give a matter of that moment a legal Sanction The Laws have reposed so great a Trust and so great a Power in the hands of a Parliament that every Circumstance relating to the manner of their Electing Meeting and Proceeding is look'd after with the nicest Circumspection imaginable For this reason the Kings Writts about the Summons of Parliament are to be issued out verbatim according to the Form prescribed by the Law or else that Parliament is void and null For the same reason if a Parliament Summoned by the Kings Writ does not meet at the very same day it is summoned to meet upon that Parliament is void and null And by the same Reason if Parliaments be not Legally Adjourned De die in diem those Parliaments must also be void and null Oh but some say There is nothing in the two Acts of Edvv. 3. to take away the Kings power in Prorogation and therefore the Prorogation is good My Lords under favour that is a very gross mistake for pray examine the words of the Acts The Acts say A Parliament shall be holden once a year Now to whom can these words be directed but to them that are to Call a Parliament And who are they but the Kings of England It is very true that this does not take away the Kings power of proroguing Parliaments but